Practice question
Within the residual period, an execution-pending-appeal motion is heard on due notice, but the proposed order states no good reasons. No other execution basis exists. Counsel says residual jurisdiction eliminates that requirement. Which is sound?
- Residual authority does not dispense with Rule39 Section2’s good reasons stated in a special order
- Residual authority makes execution automatic
- Any oral preference replaces good reasons
- Notice alone always compels execution
- Perfection alone proves good reasons
Legal references
- Rules41 Section9,42 Section8 and39 Section2, continuing appellate provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Supreme Court2019 Civil Procedure text, Rules39–42: https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf
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